Religious Estate Planning

Summary:
Estate planning should be a holistic multi-disciplinary process that addresses
all of your important goals. Here’s a general list of concepts to begin the
process:

√Religion Counts: according to many surveys, 95+ percent
of Americans believe in God or some type of higher power. While some define
religion as a belief in God, not all religions do. While Buddhism and
Scientology are considered religions, Buddhism does not teach its adherents to
believe in God; and Scientology does not necessarily require a belief in God.
For some, spirituality may be a vital part of their lives, but not include a
belief in God. Whatever your religious views or spiritual nature, your estate
planning should be consistent with your beliefs and preferences, or even lack
thereof.

√Think Broadly: Religion can broadly be viewed to
encompass your life philosophy, spirituality and values. This inadequacy has
tremendous personal impact, because no area of the law is more fraught with
religious issues than estate planning. If you endeavored to live your life in
conformity with your religious beliefs or philosophy, then your final medical
decisions, funeral arrangements and the distributions under your will, the
overall “tone” of your documents, should be consistent with those beliefs.

√Not Interested? Even if you’re personally indifferent,
ignoring religious issues can lead to painful family strife. Make the effort to
specify what you do and don’t want. Say you’ve become more “modern” and less
observant in your faith, out of respect for family at least consider addressing
religious considerations.  If you’re
debating whether to conform your estate plan to the doctrines of your faith,
consider the solace that religious traditions, and the guidance of a priest,
rabbi, imam or other religious figure, can bring to a family suffering through
tragedy.

√No Religious Restrictions: f you’re
not religious don’t assume that nothing needs to be addressed in your
documents. This is a dangerously incorrect assumption. If you’ve determined you
do not want the traditions of a particular faith, or any faith, adhered to,
then it’s incumbent upon you to make that point clear to avoid incorrect
assumptions by family and others that religious restrictions or customs should
be applied. The diversity of religious affiliation and observance among family
members can be substantial. If you don’t want religious observances of other
family members imposed you, then a statement that certain rituals should not be
followed is vital.

√Tailored Wishes: It seems that the most common approach
is often a hybrid. Some people will have their documents adhere to all the
strictures of their faith, but exclude restrictions on cessation of heroic
medical measures for fear of being kept alive in a vegetative state. Others
prefer no religious customs or restrictions in any of their planning, but wish
only that a funeral and burial be in accordance with their religious
traditions. The key is to tailor your documents and communications to
accomplish your goals, but with sensitivity and compassion to minimize the
potential for negative impact on others.

√Details: Agents and fiduciaries should be given
guidance, and granted legal authority, to disburse funds for religious
education (e.g. supplemental religious education or private school), religious
travel (pilgrimages to holy sites), charitable giving (to inculcate a core
religious value in heirs), and other purposes consistent with your religious
goals. Boilerplate distribution provisions in many documents just won’t
suffice.

√Will: You secular will may have to be
modified to reflect the Baha’i, Jewish, Islamic, or other religious laws of
inheritance. The Quran and Old Testament include detailed provisions as to how
inheritance must be handled. While there is similarity to both, they are
typically addressed in quite different manners in will drafting. These
provisions need to be coordinated with tax, estate, financial and succession
planning, and ethical issues. For the Christian Orthodox, if you do not provide
for your family and relatives, it is as if you have disowned the faith, and you
are worse than a non-believer.  For
Catholics, general guidelines of charity and justice are vital.

√Fiduciaries: Your
selection of trustees will have a profound impact on the transmission of
values. Providing a detailed and personal letter of instruction about the care
and upbringing of young children is essential to transmit values.